833 F.

2d 310
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of

unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Milburn RAHMAN, Plaintiff--Appellant,
v.
Michael C. SAMBERG, Warden, et al., Defendant--Appellee.
No. 87-6090.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 31, 1987.
Decided Oct. 29, 1987.

Milburn Rahman, appellant pro se.

Before WIDENER and K.K. HALL, Circuit Judges, and BUTZNER,
Senior Circuit Judge.
PER CURIAM:

Milburn Rahman, a Virginia inmate, appeals the order of the district court
dismissing his claim under 42 U.S.C. Sec. 1983 for failure to pay a partial filing
fee.

The district court determined that, during the six months prior to the filing of
his claim, Rahman received income in the sum of $162.00. Accordingly, the
district court directed Rahman to submit the reduced filing fee of $24.30 or to
show special circumstances which would justify a different payment. Upon
Rahman's failure to pay the $24.30, after having been afforded additional time
to do so, the district court dismissed the case.

As the assessment procedure followed by the district court comported with the

system approved in Evans v. Croom, 650 F.2d 521 (4th Cir.1981), cert. denied,
454 U.S. 1153 (1982), we deny leave to proceed in forma pauperis and dismiss
the appeal. We note that, because the dismissal below was without prejudice,
Rahman may refile his complaint upon payment of any new fee imposed.
Because the dispositive issues recently have been decided authoritatively, we
dispense with oral argument.
4

DISMISSED.